You agree to the Terms of Use and Privacy Policy by your Additional Use of this site.

Understanding Qualified Settlement Funds, Taxation, and Tax Reporting

December 12, 2024

Discover Qualified Settlement Funds (QSFs) taxation rules, including Form 1120-SF filing, tax accounting, and key definitions.

Qualified Settlement Funds (QSFs) have increasingly become pivotal in resolving lawsuits, particularly for personal injury, wrongful death, and property damage claims. QSFs provide a tax-efficient vehicle for the settlement of claims, facilitating smoother and more efficient resolutions. However, the taxation rules surrounding 26 USC § 468B settlement funds are complex, and understanding them is vital for practical usage. This guide sheds light on the pertinent aspects of taxation and the associated reporting and underscores the importance of seeking professional advice for complex issues. Failure to adhere to these reporting requirements can lead to penalties and legal consequences. This reassurance of support from experts in the field can be a valuable resource in your professional role.

Introduction to QSFs

26 C.F.R § 1.468B-1 Qualified Settlement Funds have emerged as an essential instrument for resolving various types of claims in legal settlements. Established under § 1.468B-1 et seq. of the Internal Revenue Code, settlement funds manage the proceeds from a legal settlement (or judicial award) and offer substantial benefits to both plaintiffs and defendants. These benefits include tax deferral opportunities and the ability to structure payments over time, empowering the parties with more control over their financial arrangements and providing a sense of reassurance.

Treated as a Corporation

Except as provided for in § 1.468B-5(b), a QSF is considered a corporation for tax treatment purposes. Understanding this tax treatment is crucial as it will equip you with the knowledge to navigate the associated taxation.

Modified Gross Income

A QSF is taxed on its “modified gross income.” The term modified gross income generally comprises only the investment income generated. Moreover, settlement payment amounts transferred to a QSF to resolve or satisfy a liability for which the fund is established are excluded from the trust's modified gross income.

A deduction against modified gross income is allowed for QSF administration and other incidental costs and expenses incurred in administering the QSF. Deductible expenses may include administrative costs, such as accounting, legal, and other ministerial expenses, as well as state and local taxes. Also, the costs associated with the determination and notification of claimants and claims administration are deductible.

Note: Administrative costs and other miscellaneous expenses do not include legal fees incurred by or on behalf of claimants and are thus not deductible.

The Emergence of Form 1120-SF

IRS Form 1120-SF is a crucial component in the taxation process of a § 468B trust. It reports the transfers, income generated, deductions claimed, and distributions made. More importantly, it calculates and reports the associated income tax liability. Understanding and confidently navigating the process of filing Form 1120-SF is essential in the QSF taxation process.

QSF administrator man on laptop filing tax return

Filing Due Date

The QSF administrator plays a key role in filing the tax return. They are responsible for preparing and filing the income tax return Form 1120-SF by the 15th day of the 4th month following the end of the fund's tax year. The administrator's responsibilities include ensuring all necessary forms and schedules are included, making timely tax deposits, and arranging for the fund's tax professional, financial institution, payroll service, or other trusted third party to make the deposits. It's important to note that there are exceptions for funds with a fiscal tax year ending on June 30 and those with a short tax year ending in June, in which case the filing deadline is earlier.

Private Delivery Services (PDSs) can meet the “timely mailing as timely filing/paying” rule for tax returns and payments. However, it’s essential to note that PDSs cannot deliver items to P.O. boxes, necessitating the use of the U.S. Postal Service for such deliveries.

Signature Requirements

The return must be signed and dated by the fund’s trustee or administrator. If an employee completes Form 1120-SF, the paid preparer’s space should remain empty. Anyone who prepares the form but doesn’t charge for the filing should not complete that section.

Note: A paid preparer may sign original or amended returns using a rubber stamp, mechanical device, or computer software.

The preparer must complete the required preparer information, sign the return in the designated space, and provide a copy of the return to the trustee or administrator.

Paid Preparer Authorization

If a fund trustee wishes to permit the IRS to discuss its tax return with the paid preparer, it can check the “Yes” box in the signature area of the return. This authorization applies only to the individual whose signature appears in the “Paid Preparer Use Only” section of the tax return and does not apply to the firm.

The authorization allows the IRS to contact the paid preparer to answer any questions that may arise during the processing of the return, provide any missing information from the return, get information about the processing status of the return, and respond to IRS notices about errors, offsets, and return preparation.

This authorization, however, does not allow the paid preparer to receive any refund check, bind the trust to anything, or otherwise represent the fund before the IRS. The authorization automatically ends on the due date (excluding extensions) for filing the QSF’s tax return.

Assembling the Return

To ensure correct processing, include all schedules alphabetically and other forms in numerical order after Form 1120-SF. If the return requires more space for forms or schedules, separate sheets are allowable if the pages are the same size and format as the printed forms.

Where and How to File

The Form 1120-SF return should be filed at the applicable IRS address, which (as of this writing) is as follows:

Department of the Treasury
InternalRevenue Service Center
Ogden, UT 84201-0012
QSF-building-taxation-Qualified-Settlement-Funds

Tax Payment Obligations

The taxes are due and payable in full by the 15th day of the 4th month after the end of the tax year.

QSFs must use electronic funds transfers to make all federal tax deposits. These transfers are payable using the Electronic Federal Tax Payment System (EFTPS). However, the settlement fund can also arrange for a tax professional, financial institution, payroll service, or other trusted third party to make the deposits.

Estimated Tax Payments

Generally, a QSF must make installments of estimated tax if it expects its total tax for the year (less applicable credits) to be $500 or more. The installments are due by the 15th day of the tax year’s 4th, 6th, 9th, and 12th months.

Note: If the fund overpaid estimated tax, it may file Form 4466, Corporation Application for Quick Refund of Overpayment of Estimated Tax.

Interest and Penalties

Interest accrues on taxes paid late, even if there is an extension of time to file. Penalties can also be imposed for negligence, substantial understatement of tax, reportable transaction understatements, and fraud.

Woman looking at QSF records of income and expenses

Accounting Method

A Qualified Settlement Fund must use the accrual method of accounting. The accrual method records income and expenses when earned or incurred, regardless of when payment is received or made.

Recordkeeping

Keeping accurate and detailed tax and accounting records is essential. These records support income, deductions, or credits on the return.

Definitions

In the context of § 1.468B-1, specific terms are of particular importance:

  • Administrator: The person who manages the QSF, which can include a trustee if the settlement fund is a trust.
  • Transferor: A person who transfers money or property to a QSF to resolve or satisfy claims against that person.
  • Related person: Any person who is related to the transferor as defined in section 267(b) or section 707(b)(1) of the IRS code.

Conclusion

Understanding the taxation of Qualified Settlement Funds established under 26 C.F.R § 1.468B-1 et seq., s can be complex.

However, platforms such as QSF 360, provided by Eastern Point Trust Company, offer the only online and turnkey service that includes all of the critical aspects of tax reporting, such as Form 1120-SF, filing requirements, and tax payments. As always, seeking professional advice when dealing with complex matters is advisable.

Next step
Have a question about your settlement?

Book a free 15-minute consultation with an Eastern Point Trust expert.

Talk to an Expert

Frequently Asked Questions

Under IRC § 61, all income from whatever source derived is taxable unless a specific exclusion applies. Lawsuit settlements are included in gross income by default. The key exceptions are physical injury and physical sickness recoveries under IRC § 104(a)(2), which are excluded from gross income when received as compensation for a physical injury or physical sickness claim.

IRC § 104(a)(2) excludes from gross income damages received on account of personal physical injuries or physical sickness. The exclusion applies to compensatory damages only. The injury or sickness must be physical — emotional distress damages, employment discrimination recoveries, breach of contract proceeds, and punitive damages do not qualify for the exclusion and are taxable.

Yes. Punitive damages are taxable as ordinary income regardless of whether the underlying claim involves a physical injury. IRC § 104(a)(2) does not exclude punitive damages. Even in a physical injury case where compensatory damages are excluded, any punitive damages awarded are included in the plaintiff's gross income and subject to federal income tax.

For most plaintiffs, no. The Tax Cuts and Jobs Act of 2017 suspended miscellaneous itemized deductions under IRC § 67(g) for tax years 2018 through 2025, eliminating the attorney fee deduction for most civil litigation recoveries. IRC § 62(a)(20) provides an above-the-line deduction only for qualifying discrimination and whistleblower cases. Plaintiffs in personal injury, breach of contract, and most tort cases cannot deduct attorney fees under current law.

A Qualified Settlement Fund (QSF) under IRC § 468B separates the timing of the defendant's payment from the plaintiff's taxable receipt of funds. The defendant transfers proceeds to the QSF and takes an immediate tax deduction. The plaintiff does not recognize taxable income until distribution from the QSF, preserving a planning window to implement structured settlements, Plaintiff Recovery Trusts, Special Needs Trusts, or other tax-minimization strategies before receiving taxable income.

A Plaintiff Recovery Trust (PRT), administered by Eastern Point Trust Company, addresses the attorney fee double tax created by Commissioner v. Banks, 543 U.S. 426 (2005), and worsened by TCJA 2017. The PRT separates the attorney fee portion of the settlement from the plaintiff's taxable recovery, allowing each party to recognize income only on their respective portion. Eastern Point Trust Company has saved plaintiffs $30 million or more through PRT structures. The PRT is implemented during the QSF administration window before taxable distributions occur.

Related Articles

The letter 10

10 Things You Should Know About Plaintiff Recovery Taxation

Winning the case doesn’t always mean maximizing the recovery.
Read Article
A hammer and gavel on a marble surface

The Federal Income Taxation of Litigation Settlements and Judgments

An educational reference on how federal income tax applies to litigation settlement and judgment proceeds, with an orientation, FAQ, charts by treatment and by claim type, and a full disclosure.
Read Article
A large stack of 100 dollar bills

How to Minimize Tax Liability on Lawsuit Settlements or Avoid Paying Taxes on Settlement Money

Learn how to legally minimize tax liability on lawsuit settlements or avoid taxes on settlement money with expert strategies from Eastern Point Trust. Optimize your financial outcome today!
Read Article
A team of workers is gathered around a table all looking at a sheet of paper together

Must a Court Approve a Qualified Settlement Fund?

A Qualified Settlement Fund (QSF) is a statutory trust established to hold and distribute settlement funds to the parties involved in a legal dispute without needing court approval. Learn about the requirements, IRS's role, and advantages of using a QSF.
Read Article
A gavel and tax documents symbolizing the intersection of law and taxation.

Taxation of Settlements: Understanding Attorney's Ethical Duties Regarding Settlement Tax Consequences

Guide to attorneys' ethical duties under ABA Rules on settlement tax implications. Covers competence, communication, IRC §104 basics, malpractice risks, and mitigation strategies.
Read Article
Legal documents and a checklist for Qualified Settlement Fund approval requirements.

Qualified Settlement Fund Approval – Listicle of Legal Requirements

Discover key legal requirements for Qualified Settlement Fund approval. Learn QSF rules and compliance tips in our listicle!
Read Article
QSF 360 platform for Qualified Settlement Fund creation and administration.

Qualified Settlement Fund (QSF) Creation - List of Key Points Lawyers Need to Know

Create and manage Qualified Settlement Funds with QSF 360. Fast QSF creation, tax benefits, and expert administration. Start now!
Read Article
Tax documents and a gavel on a desk, representing the taxability of compensatory damages in legal settlements.

Are Compensatory Damages Taxable? A Comprehensive Guide for the Layperson

Learn if compensatory damages are taxable. Explore tax rules, exceptions, and expert insights on settlements. Get clear answers now!
Read Article
A pair of people shaking hands across a table with documents on it

Utilizing QSFs as a Resolution Tool

This comprehensive guide explains the benefits of using Qualified Settlement Funds (QSFs) to enhance the resolution process in legal practice, reducing liability exposure and protecting clients' financial best interests. Understand when and how to utilize QSFs effectively.
Read Article
The view behind a judge facing a courtroom with parties on either side of them

Qualified Settlement Funds (QSFs) - Unraveling the Unusual

A QSF serves as a temporary financial reservoir, defers taxation, and offers a controlled distribution mechanism, making it a crucial tool in legal settlements. Learn more about QSFs here.
Read Article
Privacy Benefits of Qualified Settlement Funds - Privacy Protection

The Privacy Benefits of Qualified Settlement Funds (QSF)

Discover the strong privacy protections and effective shields offered by Qualified Settlement Funds (QSFs) against discovery demands. Learn about QSF 360 platform's innovative privacy and protection features.
Read Article
QSF administration with movie screen 1920s background

Qualified Settlement Fund Administration (QSF) – A Listicle of 10 Critical Elements

Explore the 10 critical elements of Qualified Settlement Fund administration. From QSF establishment to termination, the complexities and best practices.
Read Article
A pair of hands holding a receipt at a desk with more receipts and a calculator - Understanding QSFs, Taxation, and Tax Reporting

Understanding Qualified Settlement Funds, Taxation, and Tax Reporting

Discover Qualified Settlement Funds (QSFs) taxation rules, including Form 1120-SF filing, tax accounting, and key definitions.
Read Article
A set of scales of justice with Reality written on both sides and various objects stacked with it - QSF Administration: Myths vs. Reality

Qualified Settlement Fund Administration: Myths vs. Reality

An in-depth exploration of the common myths and realities surrounding Qualified Settlement Funds (QSFs) and their administration. Dispel misconceptions and highlight the benefits for all parties involved in litigation.
Read Article
A person typing on a laptop with graphics of maps and data points imposed over it - Understanding the Role of a QSF Administrator

Understanding the Role of a Qualified Settlement Fund Administrator

Learn how QSF Administrators streamline settlements, manage tax benefits, and ensure compliance with IRS regulations for efficient fund administration.
Read Article
A person typing on a calculator with various icon graphics imposed over it

Understanding the Taxation and Benefits of Qualified Settlement Funds (QSFs)

Qualified Settlement Funds (QSFs) help manage settlement proceeds with tax advantages and protection for all parties. Learn how a QSF can benefit your case.
Read Article
A gavel sitting next to a pair of handcuffs on top of a spread of dollar bills

Taxation of Settlements and Judgments: Understanding the Complexities

In this detailed guide, learn about the federal tax implications of settlements and judgments, including proper tax treatment, the burden of proof, deduction disallowances, and the importance of considering tax implications.
Read Article
A man with one arm in a sling signs some papers while sitting across from a doctor

What Does QSF Mean?

This article thoroughly explains Qualified Settlement Funds (QSF), their legislative background, functioning, advantages, and potential disadvantages. Learn more about QSFs here.
Read Article
A woman taking notes sitting at a desk across from a disabled person wearing a neck brace

Understanding Taxation of Personal Injury Settlements with Punitive Damages

Learn about the tax implications of punitive damages in personal injury settlements. Understand the complexities, IRS regulations, and the importance of seeking professional advice for tax compliance.
Read Article
A man sitting at a desk facing 5 large computer monitors with lots of data visible

Know Your Client and Anti-Money Laundering Obligations of Financial Institutions and Their Clients

A comprehensive guide to KYC and AML requirements for banks, investment firms, insurance companies, money services businesses, and other financial entities. Learn about customer identification, due diligence, beneficial ownership, and ongoing monitoring.
Read Article

You Have Needs,
We Have Expertise

Discover trust and settlement solutions you won’t find anywhere else – thoughtfully designed to protect assets, simplify processes, and deliver peace of mind.
Expert guidance, every step of the way.

Check Verification

Received a check from Eastern Point Trust Company? Email our support team to confirm it is authentic before depositing or cashing it.

Email Support to Verify
Contact Us
By submitting this form, you agree to be contacted by Eastern Point Trust Company, as well as agree to our Terms of Use and our Privacy Policy.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.